Expertise

Planning and Environment

We provide comprehensive legal advice and regulatory services for government and private clients facing complex planning and environment matters. 

Kells planning and environment team has extensive experience advising both local government and private clients in the areas of planning and environmental law.

Acting for both public and private clients gives us unique insight into the strategies employed by both in these matters.

We often advise clients on:

  • Obtaining development consent under the EP&A Act
  • Due diligence and impact assessment
  • Environmental orders
  • Land-use regulation
  • Local Government liaison
  • Planning and Development approvals and appeals
  • Property development
  • Regulatory compliance and enforcement
  • Resumption in compensation.

In addition we provide representation for both Local Government and private clients in the Land & Environment Court including environmental prosecutions, judicial review and commissions of enquiry.

We frequently field the following questions from Council officers:

  • Are these consent conditions valid?
  • Can we refuse consent to this development application? How can we approve it?
  • What is the proper approach to consideration of development control plans?
  • What are the effects of multiple development consents and prior development consents over the same land?
  • Can we grant retrospective approval for unauthorised development? What is the relation with Building Certificates?

On the other side of that equation, many private landowners and developers ask:

  • Council is not processing my DA. What can I do?
  • Can I challenge some of the conditions of consent attached to my approval?
  • Council is prosecuting me regarding unauthorised structures on my land. What should I do?
  • What is the highest and best possible use for this land and how can I get approval for development?
  • How do biodiversity offsets work and do they apply to my land?
  • What planning constraints apply to my land?
  • My neighbour has applied for development approval. What are my rights?

These are just some of the questions we field across a range of planning and environmental areas. If you have similar questions or just need advice regarding an aspect of planning and environmental law, contact our team today to discuss your matter.

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